In multiple applications for judicial review challenging the 2020 firearms ban regulations, the applicants sought documentary disclosure from the Governor in Council under Rule 317 of the Federal Courts Rules.
The respondent objected on the basis of Cabinet confidentiality but failed to issue a certificate under section 39 of the Canada Evidence Act.
The Court held that without a valid certificate, the statutory absolute protection from review was not triggered.
Instead, the common law applied, requiring the Court to review the documents to balance the public interest in disclosure against confidentiality.
The Court ordered the respondent to file the materials under seal for the Court's review.
